[00:00:03]
I HEREBY CALL THIS MEETING OF THE BOARD OF ADJUSTMENT TO ORDER.NOVEMBER 13TH, 5:42 PM WE HAVE A QUORUM.
I'M GOING TO CALL THE ROLE TOMMY YATES NOT HERE.
WELL, I'M TRYING TO GET IT TO WORK HERE.
SO THAT 1, 2, 3, 4, 5, 6, 7, 8.
UH, HAS EVERYONE ON THE DAES SIGNED THE SIGN-IN SHEET? YEP.
FOR THE FOLKS IN THE AUDIENCE HERE, PLEASE TURN OFF YOUR CELL PHONES OR PUT THEM ON VIBRATE AFTER YOUR CASE IS OVER.
IF YOU HAVE ANY DISCUSSION, PLEASE TAKE IT OUT TO THE LOBBY.
YOU CAN CONTACT THE BOARD LIAISON ELAINE TOMORROW BY PHONE OR EMAIL IF YOU HAVE A QUESTION ABOUT YOUR CASE, HER TOMORROW.
UH, WHEN ADDRESSING THE BOARD, IF THERE'S ANY OPPOSITION OR ANY OTHER GROUPS, PLEASE ADDRESS THE BOARD DIRECTLY.
UH, I DON'T THINK WE'RE GONNA NEED TO TAKE A BREAK TONIGHT.
SO NEW, NEW SYSTEM FOR PARKING.
UH, KEEPER TICKET THAT YOU GOT WHEN YOU CAME IN AND OVER THERE BY WHERE YOU WALKED IN ARE SOME SMALL STICKERS WITH A QR CODE.
GRAB A STICKER WITH A QR CODE.
WHEN YOU LEAVE, YOU'LL SCAN YOUR TICKET, THEN SCAN THE QR CODE ON THE LITTLE STICKER AND IT'LL LET YOU OUT FOR FREE.
FOR EVERYONE WHO IS GOING TO BE GIVING TESTIMONY TONIGHT, COULD I GET YOU TO PLEASE STAND AND GIVE YOUR OATH? DO YOU SOLEMNLY SWEAR OR AFFIRM THAT THE TESTIMONY YOU WILL GIVE TONIGHT WILL BE TRUE AND CORRECT TO THE BEST OF YOUR KNOWLEDGE? SUPER.
IS THERE ANY PUBLIC COMMUNICATION, ELAINE? NO.
[APPROVAL OF MINUTES]
ITEM ONE, APPROVAL OF THE MINUTES FROM OCTOBER 9TH, 2023.OKAY, I HAVE A MOTION TO APPROVE MADE BY VICE CHAIR HAWTHORNE.
SECONDED BY BOARD MEMBER BOWEN 13.
ABSTAINING AND SUZANNE VALENTINE? YES.
1, 2, 3, 4, 5, 6, 7, 7 0 1 THAT PASSES.
[2. Discussion of staff and applicant requests for postponement and withdrawal of public hearing cases posted on the agenda.]
OKAY.DISCUSSION OF STAFF AND APPLICANT REQUEST FOR POSTPONEMENT AND WITHDRAWALS.
ARE THERE ANY POSTPONEMENTS OR WITHDRAWALS? OKAY.
I'M GOING TO TAKE THIS OPPORTUNITY TO INFORM EVERYONE TONIGHT.
UH, THERE ARE ONLY EIGHT BOARD MEMBERS.
IF YOU HAVE A CASE TONIGHT, THE SUPER MAJORITY TO PASS TO, TO RECEIVE A VARIANCE OR A SPECIAL EXCEPTION IS EIGHT.
THAT MEANS IF YOU GET ONE, NO, YOUR CASE IS DENIED.
SO IF ANYONE WOULD LIKE TO TAKE THE OPPORTUNITY TO POSTPONE, THIS IS A ONE TIME EASY.
WE'RE GONNA HOLD FOR TWO MINUTES WHILE WE GET OUR VIRTUAL BOARD MEMBERS ONLINE.
[00:05:04]
EXCELLENT JOB.OKAY, SO LET'S GO AHEAD AND ACKNOWLEDGE THAT TOMMY YATES IS ON THE SCREEN.
TOMMY, IS YOUR MIC WORKING OKAY? YES MA'AM.
I HAVE A NEW COMPUTER, SO I'M HAVING PROBLEM.
THAT'S YES, BUT THAT WAS EASY, WASN'T IT? YOU LOOKED LIKE YOU THAT WAS A LOT EASIER THAN LAST TIME.
OKAY, SO TOMMY YATES IS NOW ON THE DIOCESE AND I SAW YOUNG J KIM, BUT SHE DROPS.
LET'S JUST GIVE HER ANOTHER MINUTE TO GET RECONNECTED BEFORE WE START GOING INTO CASES.
AND JUST IGNORE EVERYTHING I SAID ABOUT THE SMALL QUORUM.
'CAUSE IT DOESN'T APPLY ANYMORE, OR WON'T IN A MINUTE.
[6. Discussion of the October 9, 2023 BOA activity report ]
HERE, I'M JUST GONNA GO AHEAD AND JUMP TO AGENDA ITEM SIX.IF ANYONE HAS A PROBLEM WITH THAT, PLEASE SAY SO NOW.
SO SKIPPING TO ITEM SIX, SORRY, ATXN.
THIS IS GOING TO BE DISCUSSION OF THE OCTOBER 9TH, 2023 BOA ACTIVITY REPORT.
BUT YOU GUYS KNOW IT'S AN EXCELLENT JOB 'CAUSE WE TELL YOU EVERY MONTH BECAUSE IT'S AN EXCELLENT JOB.
ANY OTHER COMMENTS OR DISCUSSION? YAY.
[7. Discussion and possible action regarding bylaws changes, rules of procedure changes, and resolutions regarding board terms, vacancies, and use of alternates]
WITHOUT GETTING TOO DEEP AND INTO IT, DOES ANYBODY WANNA DISCUSS THAT? RIGHT NOW I'M HOLDING OFF ON A RESOLUTION BECAUSE I HAVEN'T, UH, ON GOOD WORD THAT IT WILL BE GETTING BROUGHT UP BEFORE COUNSEL TO ALLOW US TO USE ALTERNATES ON A REGULAR BASIS.SO WE'RE JUST GONNA LET THEM DEAL WITH IT INSTEAD OF GETTING ALL CRAZY AND MAKING A LOT OF NOISE.
ANY OTHER DISCUSSION? OKAY, LET'S GET SEVEN OFF THE LIST.
[8. Discussion of future agenda items, staff requests and potential special called meeting and/or workshop requests]
FUTURE AGENDA ITEMS? ANYTHING? NO.DO WE WANNA HAVE OUR AGENDA ON AS AN AGENDA ITEM? LIKE HOW IT'S FORMATTED? CORRECT.
'CAUSE I'D REALLY LIKE TO HAVE ANNOUNCEMENTS BACK ON THERE.
AND WE NEED TO DISCUSS HOW CASES ARE PLACED ON THE AGENDA TOO.
SO YEAH, I WOULD LIKE TO SUGGEST THAT A FUTURE AGENDA ITEM BE THE AGENDA.
ANY OTHER, THERE'S A STORY BEHIND THAT, BUT, UH, TELL BUT WE CAN'T DISCUSS IT RIGHT NOW 'CAUSE IT'S NOT THE, YOU CAN'T, 'CAUSE IT'S NOT AGENDA ON THE AGENDA.
I KNOW THAT MADE NO SENSE, BUT IT WILL, IT WILL.
NEXT MEETING, I PROMISE IT WILL.
I'M GOING TO GO AHEAD AND RECOGNIZE THAT YOUNG J KIM IS ON THE DI HOW, HOW, WHAT IS THE PROPER LEGAL TERM FOR SAYING SOMEONE'S JOINED THE DAAS BUT THEY'RE VIRTUAL? DO YOU STILL STAY ON THE DAAS? MAYBE HERE.
UH, YOUNG G KIM, IS YOUR MICROPHONE WORKING? OH, TESTING.
[3. C15-2023-0041 Rodney Bennett for Exten LLC -Rahim K. Marediya 1701 E. Howard Lane]
ITEM THREE, BACK TO THE BEGINNING.PLEASE STATE YOUR NAME FOR THE RECORD AND YOU'LL HAVE FIVE MINUTES.
GOOD EVENING, MADAM CHAIRWOMAN AND BOARD MEMBERS.
I'M HERE TONIGHT TO REQUEST A VARIANCE FOR 1701 EAST HOWARD LANE.
THE PROPOSED USE IS A GAS STATION WITH 12 PUMPS AND 12 Q LANES.
THE CURRENT CODE ALLOWS EIGHT Q LANES AND 16 PUMPS.
A SITE PLAN IS CURRENTLY IN REVIEW AND HAS BEEN REJECTED BY THE TRANSPORTATION
[00:10:01]
DEPARTMENT FOR NOT MEETING THE Q REQUIREMENTS.WE FEEL THIS REQUEST SHOULD BE GRANTED DUE TO THE TWO PREVIOUS CASES IN 2019, PRESENTED BY MR. JIM WITCLIFF, WHERE HE PROVED THAT THE CITY'S 40 YEAR OLD FUEL DISPENSING ALIGNMENT IS OUTDATED.
THE MORE MODERN DIVE-IN DESIGN IS SAFER THAN THE CODE ALLOWS.
OUR, OUR DESIGN TAKES THE CONFUSION OUT OF THE EQUATION BY ALLOWING THE DRIVER TO ENTER THE PUMP FROM EITHER DIRECTION WITHOUT HAVING TO BLOCK ANOTHER VEHICLE OR NAVIGATE BETWEEN VEHICLES.
FURTHERMORE, THIS LOT IS ENCUMBERED BY A 50 FOOT CRITICAL ENVIRONMENTAL FEATURE AND A 20 FOOT ELECTRIC EASEMENT PREVENTING A REASONABLE DESIGN FROM USING THE, FROM USING, I'M SORRY.
PREVENTING A REASONABLE DESIGN USING THE ANTIQUATED CODE.
I'M AVAILABLE SHOULD YOU HAVE ANY QUESTIONS.
IS THERE ANY OPPOSITION? OKAY, SEEING NONE, LET'S GO AHEAD AND CLOSE THE PUBLIC HEARING AND OPEN IT UP FOR DISCUSSION.
MADAM CHAIR, BOARD MEMBER VAN NOLAN.
WE, WE'VE DEALT WITH THIS SEVERAL YEARS AND THE OLD ANTIQUATED QUEUING SET UP THAT THE CITY HAS CURRENTLY ON THE BOOKS LEAVES A LOT OF VEHICLES STACKED ON EACH OTHER AND CREATES MORE OF A CONGESTION AREA CONGESTION WITHIN THAT AREA OF THE PUMPS THAN, UH, THEN I'M SURE WHAT, UH, ANYBODY WANTS TO TOLERATE.
I REMEMBER THE TWO OTHER CASES THAT WE APPROVED AND, AND THAT WAS FOR THE SAME REASON.
WHEN PEOPLE START PULLING UP TO THESE PUMPS, THEY'RE STUCK ALL THE WAY OUT TO THE STREET AND IT CREATES A HAZARD.
SO I'LL MOTION TO APPROVE A SECOND.
WE HAVE A MOTION TO APPROVE MADE BY BOARD MEMBER VON OLAND.
SECONDED BY VICE CHAIR HAWTHORNE.
ANY OTHER DISCUSSION? ALL RIGHT.
FINDINGS, REASONABLE USE THE LOT IS ENC REASON REASONABLE USE THE ZONING REGULATIONS APPLICABLE TO THE PROPERTY DO NOT ALLOW FOR REASONABLE USE BECAUSE THE LOT IS ENCUMBERED BY A 50 FOOT CF SETBACK ON THE NORTH AND A 20 FOOT ON THE WEST.
THUS, THUS REDUCING THE BUILDABLE AND QUEUING AREAS.
THE HARDSHIP FOR WHICH A VARIANCE IS REQUESTED IS UNIQUE TO THE PROPERTY IN THAT THE SIZE OF THE LOT IN THE BUILDABLE AREA DO NOT MAKE IT FEASIBLE TO IMPLEMENT THE REQUIRED PARKING AND DRIVE AISLES IN LARGER QUEUING AREAS.
FOR THIS ESTABLISHMENT, THE HARDSHIP IS NOT GENERAL TO THE AREA IN WHICH A PROPERTY IS LOCATED BECAUSE THEY'RE REQUESTING ONLY 12 FUEL DISPENSERS.
WHEREAS THE CODE DOES ALLOW FOR 16 AREA CHARACTER, THE VARIANCE WILL NOT ALTER THE CHARACTER OF THE AREA ADJACENT TO THE PROPERTY.
WILL NOT IMPAIR THE USE OF THE ADJACENT CONFORMING PROPERTY.
WILL NOT IMPAIR THE PURPOSE OF THE REGULATIONS OF THE ZONING DISTRICT IN WHICH PROPERTY IS LOCATED BECAUSE THE ADJOINING NEIGHBOR IS COMMERCIAL AND VEHICLES HAVE THREE DRIVEWAY AISLES TO ENTER AND EXIT THE SITE.
QUEUING CAN BE HANDLED ON SITE.
AGAIN, THIS IS A MOTION TO APPROVE MADE BY BOARD MEMBER BY NOLAND.
SECONDED BY VICE CHAIR HAWTHORN.
UH, YOUR VARIANCE IS APPROVED.
I THOUGHT THE TCM WAS GONNA BE UPDATED FOR THIS.
I WILL FIND OUT WHY IT HASN'T.
UH, BECAUSE WE JUST DID OUR TCM UPDATE LIKE THREE MONTHS AGO, FOUR MONTHS AGO NOW.
I THINK IT'S ACTUALLY BEEN LONGER THAN THAT.
BUT I WOULD'VE THOUGHT IT WOULD'VE BEEN UPDATED AS THE STYLE OF, UM, PUMPS HAS CHANGED.
TO WHERE THEY WANT TO DO THE SINGLE INSTEAD OF THE DOUBLES.
'CAUSE THE DOUBLES CREATE TOO MUCH HAZARD AND MANEUVERING.
[4. C15-2023-0043 Thrower Design-Ron Thrower for 1904 Chicon St, LLC 1904 Chicon Street]
ITEM FOUR C 15 20 23 0 0 4 3 THROWER DESIGN.RON THROWER FOR 1904 CHACON STREET CHAIR.
MEMBERS OF THE BOARD, RON THROWER, REPRESENTING THE OWNERS OF THE PROPERTY AT 1904 CHACON STREET.
[00:15:01]
UM, IF I GET MY PRESENTATION QUEUED UP, I REALLY THOUGHT MY PRESENTATION WAS GONNA BE BRIEF, BUT I THINK RODNEY BEAT MESHOULD YOU HAVE ANY QUESTIONS? THERE YOU GO.
JIM BENNETT, LIKE I WAS JUST SAYING.
UM, SO THIS PROPERTY IS CURRENTLY UNDEVELOPED.
IT DOES HAVE A, A ILLEGAL DEVELOPMENT THAT'S ON THE PROPERTY.
IT'S BEING USED AS A PARKING LOT TODAY.
THE OWNERS OF THE PROPERTY WISH TO DEVELOP IT AND PERMIT THE PARKING LOT SO THAT IT IS PERMITTED ON THE PROPERTY, BUT ARE UNABLE TO BECAUSE THE FRONT PROPERTY LINE IS LESS THAN THE 50 FEET REQUIRED BY THE ZONING CODE.
THEY DID SUBMIT FOR A DEVELOPMENT ASSESSMENT AND THROUGH THAT IT CAME ABOUT THAT YOU HAVE TO ASK FOR A BOARD OF ADJUSTMENT VARIANCE, WHICH IS WHY WE'RE HERE.
AND SO HERE'S THE SURVEY OF THE PROPERTY.
AND ON THE RIGHT HAND SIDE OF THE PROPERTY, YOU CAN SEE CIRCLED INTO RED WHERE IT SAYS 49.66.
BUT THE ACTUAL, THE LATEST SURVEY OF THE PROPERTY SHOWS 49.64 FEET OF FRONTAGE ACROSS THE FRONT, WHEREAS 50 IS WHAT'S REQUIRED.
THIS IS THE DEEDED FROM 1948, WHICH SO SHOWS THE PROPERTY WAS DEEDED OUT AT 49.666 FEET IN WIDTH IN 1931.
THE PROPERTY WAS ZONED COMMERCIAL IN 1946.
THE SUBDIVISION OF REGULATIONS ONLY TALKED ABOUT MINIMUM LOT WIDTH ASSOCIATED WITH RESIDENTIAL DEVELOPMENT.
AND, AND HERE IT SAYS 50 FEET IS WHAT'S REQUIRED FOR RESIDENTIAL DEVELOPMENT.
LOOKING IN 1940, THERE'S A STRUCTURE ON THE PROPERTY.
WE CAN'T TELL WHETHER IT'S COMMERCIAL OR RESIDENTIAL.
BY 1965, IT'S GONE SINCE SOMETIME BETWEEN 58 AND 65 WHEN THE PROPERTY BECAME VACANT.
IT HAS BEEN VACANT EVER SINCE.
THIS IS WHAT THE PROPERTY LOOKS LIKE TODAY.
AGAIN, 49.666 FEET OF FRONTAGE PER THE DEEDED.
49.64 PER THE LATEST SURVEY FOR THE FRONTAGE OF THE PROPERTY.
AND THIS IS LOOKING THE OTHER DIRECTION TOWARDS THE EAST.
AGAIN, YOU CAN SEE THE ILLEGAL DEVELOPMENT ON THE PROPERTY.
WE'RE JUST LOOKING FOR A PATH FORWARD TO ACTUALLY GET A DEVELOPMENT PERMIT TO THIS FOR A PARKING LOT.
SO IT COULD ACTUALLY BE A LEGAL PARKING LOT.
IF WE ARE UNABLE TO ACHIEVE THE VARIANCE TONIGHT, THEN WE ARE LEFT WITH A PROPERTY THAT IS NOT DEVELOPABLE.
AND IN TRUE JIM BENNETT FASHION, I'M AVAILABLE IF YOU HAVE ANY QUESTIONS.
IS THERE ANY OPPOSITION? SEEING NONE.
LET'S CLOSE THE PUBLIC HEARING AND OPEN IT UP TO DISCUSSION.
I'LL MAKE A MOTION FOR APPROVAL.
WE HAVE A MOTION TO APPROVE MADE BY VICE CHAIR HAWTHORNE.
SECONDED BY BOARD MEMBER VAN OLAN.
OH, REASONABLE USE THE ZONING REGULATIONS APPLICA APPLICABLE TO THE PROPERTY.
DO NOT ALLOW FOR REASONABLE USE AS THE PROPERTY DOESN'T MEET THE MINIMUM LOT WITH ON THE STREET FRONTAGE SIDE, BUT IT DOES ON THE ALLEY SIDE.
UM, AND THE PROPERTY HAS BEEN IN THAT CONFIGURATION SINCE 1948.
THE HARDSHIP FOR THE VARI FOR WHICH THE VARIANCE IS REQUESTED IS UNIQUE TO THE PROPERTY AS MOST PROPERTIES IN THE AREA ARE MAINTAINED IN CONFIGURATION WITH THE ORIGINAL PLAT.
AND AS THIS ONE WAS DIVIDED, APPARENTLY IN 1948, WHICH IS PASSED THE GRANDFATHERING FOR LOT WITH, UH, IN THAT PESKY SECTION THAT I CAN'T QUITE EVER REMEMBER, BUT HAS COME UP QUITE A FEW TIMES IN NINE, ABOUT 1946, I CAN'T REMEMBER.
IS THAT 7 92? DO YOU NOT EVEN GET ME THE LINE WITHOUT LOOKING? OKAY.
I'D HAVE TO LOOK AND, AND, UH, NOT WORTH THAT AT THIS MOMENT.
SO AS, AS IT'S BEEN IN THIS CONFIGURATION SINCE 1948 AND IT'S 50 FEET ON ONE SIDE AND 49.64 ON THE OTHER, UM, I THINK THAT THAT'S PRETTY UNIQUE TO THE PROPERTY.
THE HARDSHIP IS NOT GENERAL TO THE AREA IN WHICH THE PROPERTY IS LOCATED, AS MOST OF THE PROPERTIES HAVE MAINTAINED THEIR ORIGINAL CONFIGURATION ACCORDING TO THE ORIGINAL PLAT, UM, AREA CHARACTER, THE VARIANCE WILL NOT ALTER THE CHARACTER OF THE AREA ADJACENT TO THE PROPERTY.
[00:20:01]
NOT IMPAIR THE USE OF THE ADJACENT CONFORMING PROPERTY, WILL NOT IMPAIR THE PURPOSE OF THE REGULATIONS OF THE ZONING DISTRICT IN WHICH THE PROPERTY IS LOCATED AS THE LOT HAS BEEN IN THIS CONFIGURATION FOR DECADES.AND THIS WILL GIVE THEM A CLEAR PATH FORWARD IN ORDER TO BRING IT INTO LEGAL COMPLIANCE.
AGAIN, THIS IS A MOTION TO APPROVE MADE BY VICE CHAIR HAWTHORNE.
SECONDED BY BOARD MEMBER VAN OLAN.
BEFORE WE START INTO ITEM FIVE, UH, JUST
[5. C15-2023-0044 Bruce David Johnson, Jr 1904 Eva Street]
A REMINDER TO OUR NEW BOARD MEMBERS, THIS IS A SPECIAL EXCEPTION CASE.THESE DON'T COME ALONG THAT OFTEN.
UH, IT'S KIND OF LIKE A KING GRANDFATHERING, IF, IF, IF YOU WOULD ALLOW THAT METAPHOR.
SO THIS IS GOING TO BE FOR C 15 20 23 0 0 4 4.
AGAIN, IF YOU'LL COME UP TO THE PODIUM, STATE YOUR NAME FOR THE RECORD.
UM, I CAN'T HEAR YOU VERY WELL.
STATE YOUR NAME FOR THE RECORD.
MY NAME IS BRUCE DAVID JOHNSON, JR.
YOU HAVE FIVE MINUTES TO TELL US WHY YOU NEED A SPECIAL EXCEPTION.
I'M ASKING FOR A SPECIAL EXCEPTION FOR THE STRUCTURES IN MY BACKYARD THAT ENCROACH THE SETBACK BECAUSE THE HEAD EXISTED FOR LONGER THAN 25 YEARS.
IN FACT, THE ALASKA WAS BUILT IN 1991.
UM, I HAVE, UH, GOTTEN A, UH, CERTIFICATE OF OCCUPANCY, UM, FROM THE, UH, BUILT BUILDING INSPECTION, UM, YOU KNOW, ATTEST TO THE STRUCTURES, SOUNDNESS OF THE STRUCTURES.
AND, UM, THERE HAD BEEN NO ISSUES, UM, ABOUT ANY OF THESE STRUCTURES, UM, FOR THE WHOLE TIME THEY'VE BEEN THERE.
UM, I BUILT THE, UH, STUDIO AS A, FOR MY SON, IVAN.
AND IT WAS, I'D, I'D LIKE TO KEEP IT BECAUSE IT IS ONE OF MY MEMORIES OF HIM.
HE WAS KILLED IN JULY 17TH, 1989 IN A DRUNK DRIVER CAUSED WRECK.
UM, ARE THERE ANY QUESTIONS? WE'LL GET TO THE QUESTIONS AND ANSWERS IN A MINUTE.
IS THAT EVERYTHING YOU WANTED TO TELL US? IS THAT ALL I HAVE TO SAY? YES.
BASICALLY, YES, I HAVE THAT REQUEST.
THAT, THAT'S, I'M MAKING THAT REQUEST.
SO NOW WHAT I'M GONNA ASK YOU TO DO IS, UH, TAKE A STEP BACK TO THE SEATS BEHIND THERE AND WE'RE GOING TO CALL FOR OPPOSITION.
IS THERE ANY OPPOSITION? OKAY.
PLEASE COME UP TO THE, DO THE PODIUM.
YOU'RE GONNA STATE YOUR NAME FOR THE RECORD AND YOU WILL HAVE THREE MINUTES.
MY NAME IS SONIA GAFFEY AND I'M THE OWNER OF 1907 EVA STREET, WHICH IS DIRECTLY ACROSS THE STREET FROM 1904.
AND I'VE LIVED THERE FOR THE PAST SEVEN YEARS.
MY HUSBAND AND I ALSO PURCHASED 1902 EVA STREET, WHICH IS ON THE NORTH SIDE OF 1904.
THIS PAST SPRING FOR MY PARENTS, WE LOST MY MOTHER OVER THE SUMMER.
SO 1902 EVA STREET WILL SOON BE HOME FOR MY FATHER WHO IS ALSO HERE TONIGHT.
I WANNA START BY SAYING THAT I LOVE LIVING IN BOLDEN.
AND ONE OF THE REASONS THAT I LOVE THIS NEIGHBORHOOD IS BECAUSE IT'S A DIVERSE ECLECTIC MIX OF PEOPLE AND HOMES.
I ALSO PRIDE MYSELF ON BEING A GREAT NEIGHBOR, AND MY HUSBAND AND I ARE KNOWN EXACTLY AS THAT ON THE STREET WE GO OUT OF OUR WAY TO HELP OTHERS,
[00:25:01]
INCLUDING MR. JOHNSON.FOR EXAMPLE, WHEN WE HAVE OUR TREES TRIMMED, WE PAY EXTRA FOR THE TEAM TO CUT UP WOOD SO THAT MR. JOHNSON CAN HAVE LOGS FOR HIS WOOD FURNACE, I BELIEVE, AND LIVE AND LET LIVE.
AND I WOULD NOT BE HERE TONIGHT IF IT WEREN'T AN ISSUE OF PUBLIC HEALTH AND SAFETY.
THERE ARE SEVERAL POINTS IN THE VARIANCE APPLICATION THAT ARE EXAGGERATIONS OF THE TRUTH AND OTHERS THAT ARE BLATANTLY UNTRUE.
IN THE INTEREST OF TIME, I'M GOING TO FOCUS ON THREE POINTS AND PLEASE FEEL FREE TO REFERENCE THE PHOTOS WE PROVIDED FOR FURTHER DETAIL.
POINT NUMBER ONE, WHAT IS DESCRIBED AS AN ARTIST STUDIO IN THE APPLICATION IS IN FACT AN UNAUTHORIZED ADU.
THERE IS A TENANT, A MAN BY THE NAME OF SIMON THAT LIVES IN THAT STRUCTURE FULL-TIME AND HAS FOR SEVERAL YEARS.
I HAVE DEEP CONCERNS OVER THE OVERALL SAFETY OF THE STRUCTURE AND AM SPECIFICALLY TERRIFIED BY THE FIRE HAZARD IT CREATES WITH UNCOATED ELECTRICAL RUNNING THROUGH THE TREES.
POINT NUMBER TWO, WHAT IS DESCRIBED AS A FRONT PATIO ON THE APPLICATION IS NOT THAT, BUT RATHER A STORAGE AREA.
WHILE MR. JOHNSON HAS CLEARED A LOT IN PREPARATION FOR THIS HEARING, IT HAS HISTORICALLY BEEN OVERRUN BY DEBRIS AND DECAYING MATERIAL THAT CREATE AN INFESTATION OF MOSQUITOES, ROACHES, AND RATS FOR THE SURROUNDING AREA.
WE HAVE SPOKEN WITH SEVERAL EXTERMINATORS, ALL OF WHOM INDICATED THE ONLY MEANS OF MANAGING THE PEST PROBLEM IS TO REMOVE THE DEBRIS.
POINT THREE, WHAT IS DESCRIBED AS THE STORAGE SHEDS ALONG THE FENCE LINE IN THE APPLICATION ARE NOT ACTUALLY STRUCTURES.
THEY ARE LEAN TWO SHEDS ALONG THE FENCE LINE AND ARE FALLING INTO THE NEIGHBORING PROPERTY.
AS WITH THE FRONT OF THE HOUSE, THESE STRUCTURES ARE STORING DECAYING DEBRIS AND STANDING WATER CREATING A PUBLIC HEALTH ISSUE.
WHILE MANY OF THESE STRUCTURES HAVE BEEN IN PLACE FOR YEARS, THEY HAVE NOT GONE UNNOTICED BY THE CITY.
IF YOU LOOK AT PROPERTY RECORDS, YOU WILL SEE THESE STRUCTURES HAVE BEEN CITED BY CODE ENFORCEMENT TIME AND TIME AGAIN OVER THE YEARS.
AND NO CORRECTIVE ACTION HAS BEEN TAKEN.
IT IS AGAINST THE INTEREST OF ALL THE RESIDENTS OF EVA STREET, INCLUDING MR. JOHNSON AND HIS TENANT, SIMON, TO MAINTAIN THESE STRUCTURES.
AS SUCH, I RESPECTFULLY ASK THE COMMITTEE TO DENY THE REQUEST FOR VARIANCE TO 1904 EVA STREET.
I WOULD ALSO LIKE TO NOTE THAT THREE OF THE FOUR NEIGHBORS.
IS THERE ANY MORE OPPOSITION? OKAY.
STATE YOUR NAME FOR THE RECORD.
UH, I APPRECIATE YOU GUYS GIVING ME TIME TO TALK ABOUT THIS ISSUE.
UM, BRUCE IS A GREAT NEIGHBOR.
UH, MY WIFE AND I, WE OWN TWO PROPERTIES ON THE STREET OF EVA.
UM, I JUST WANT TO REITERATE SOME OF THE THINGS THAT MY WIFE HAS SAID AND JUST POINT OUT A COUPLE OF THINGS.
ONE, THE FRONT PORCH IS NOT A PORCH.
IF YOU REFER TO THE PHOTO, UH, THAT SHOWS THE PIPE STRUCTURE THAT USED TO HAVE A PLASTIC TARP OVER IT, THAT'S THE, UH, STRUCTURE THAT HE'S TRYING TO PRESERVE WITH THE FRONT SETBACK, GOING FROM 25 FEET TO ZERO.
UM, I DON'T UNDERSTAND WHY HE NEEDS TO GO TO ZERO 'CAUSE THAT WOULD TELL ME THAT HE CAN GO ALL THE WAY TO THE STREET, BUT IT IS NOT BEING MAINTAINED WHATSOEVER.
UM, AND I JUST DON'T UNDERSTAND WHY WE WOULD GIVE A VARIANCE TO PRESERVE THAT, UH, THAT EYESORE, UH, TO THE STRUCTURE.
UM, THAT STRUCTURE IS BUILT RIGHT ON THE PROPERTY LINE AND THE NEIGHBOR IN 19 0, 1900, UH, 19 0, 1900, 19 0 6.
UM, HE HAS MADE CLAIM THAT WHEN HE LOOKS OUT HIS BACK WINDOW FROM HIS KITCHEN, ALL HE SEES IS A BUILDING RIGHT ON HIS PROPERTY LINE.
UM, THE PUBLIC HEALTH CONCERNS THAT WE HAVE ABOUT THE ENTIRE PROPERTY NOT BEING MAINTAINED.
I KNOW THAT'S PROBABLY NOT BEING TAKEN INTO CONSIDERATION IN THIS ISSUE, BUT IT IS MAINTAINING OR GIVING HIM THE ABILITY TO KEEP THESE STRUCTURES THAT ARE ALL DILAPIDATED, FALLING DOWN.
UM, AND, AND I I JUST REALLY THINK THAT IT'S INAPPROPRIATE TO GIVE HIM THE ABILITY TO, TO MAINTAIN THESE.
IS THERE ANYONE ELSE WHO'S GOING TO SPEAK FOR OPPOSITION TONIGHT? OR ARE YOU THE LAST ONE? CAN I SPEAK IN FAVOR? IN FAVOR? YES, YOU CAN.
WE HAVE TO DO OPPOSITION FIRST.
[00:30:01]
OPPOSITION? OKAY.UH, AND SORRY, I SHOULD HAVE ASKED THAT.
SO THERE'S ACTUALLY SUPPOSED TO BE FIVE MINUTES EACH SIDE.
SO WE'RE, WE'RE, AND SO YOUR FIRST OPPOSITION SPEAKER TOOK FIVE MINUTES AND, AND SO, AND IT WAS THREE.
I PROMISE THEY'VE GOT ABOUT A MINUTE LEFT.
STATE YOUR NAME FOR THE RECORD.
MY DAUGHTER IS THE ONE WHO SPOKE THE FIRST TIME.
ACTUALLY, I'M GONNA BE PROBABLY, IF I ACCEPT TO MOVE TO THAT HOUSE.
I'VE BEEN DELAYING IT FOR MANY MONTHS NOW SINCE MY WIFE DIED.
AND I JUST REFUSE TO MOVE THERE BECAUSE IT'S REALLY AND REALLY UNACCEPTABLE CONDITIONS TO LIVE NEXT TO.
UH, I THINK DON'T THINK THE ZONING CODE COULD POSSIBLY, IF YOU GO AND SEE IT FIRSTHAND, THAT YOU COULD POSSIBLY AGREE THAT SOMETHING LIKE THAT SHOULD BE PERPETUATED AT INFINITUM.
IT'S JUST NOT SOMETHING THAT NORMAL PEOPLE SHOULD LIVE IN OR SHOULD LIVE NEXT TO.
I VERY RESPECTFULLY REQUEST THAT YOU ALL REJECT THIS SUGGESTION AND GIVE ME AN OPPORTUNITY TO LIVE IN MY HOUSE THAT MY SON-IN-LAW SPENT MONEY TO BUY AND VERY HIGH MONEY.
ACTUALLY, I APPRECIATE YOUR HELP.
AND THAT WAS PERFECT TIMING 'CAUSE IT JUST HIT THE ONE MINUTE MARK.
YEAH, NO, I KNOW THAT ALREADY.
SO NOW, UH, WE'RE GOING TO GIVE YOU THE CHANCE FOR REBUTTAL BECAUSE YOU HAVE SOMEONE HERE IN FAVOR.
YOU GET A TOTAL OF TWO MINUTES.
BUT IF YOU WOULD LIKE TO SPLIT THE TWO MINUTES BETWEEN THE TWO OF YOU, THAT WOULD BE OKAY.
SO YEAH, IF YOU COME BACK UP TO THE PODIUM.
AND YOU, YOU HAVE TWO MINUTES TOTAL FOR A REBUTTAL.
IF YOU'D LIKE TO LET THE KRISTEN WEBER SPEAK, UH, REBUTTAL.
UH, THERE ARE NO RATS ON THE PROPERTY.
UM, UH, THE, THE STUDIO SPACE IS THE STUDIO, UH, SIMON, UM, IS USING THE HOUSE FOR HIS, UM, FUNCTIONS.
UM, AND, UM, UH, I COULDN'T HEAR WHAT FATHER SAID, BUT, UH, THAT WAS A, I REALLY APPRECIATE GIVING THIS BEING GIVEN THIS CHANCE TO, UH, DISAGREE, UH, WITH, UH, THE, ESPECIALLY, PARTICULARLY THE HEALTH ISSUE.
AND I HAVE TO SAY THAT ALL THE CODE ENFORCEMENT VISITS WERE CASES WERE RESOLVED AND, UH, SATISFACTORILY WITH THE CODE ENFORCEMENT INSPECTORS.
UH, PAUSE THE TIME THERE, UH, THAT THERE WAS SOMEONE WHO WANTED TO SPEAK IN FAVOR.
WE'VE GOT ABOUT A MINUTE LEFT.
YOU WANNA JUMP IN HERE? STATE YOUR NAME FOR THE RECORD, PLEASE.
I'M A NEIGHBOR OF BRUCE DAVID'S AND GOT THE NOTICE IN THE MAIL ABOUT THE HEARING.
UM, AND JUST LOOKING THROUGH THE REQUIREMENTS FOR THE SPECIAL EXCEPTION, I, I UNDERSTAND SOME OF THE OTHER NEIGHBOR'S CONCERNS.
I THINK BRUCE DAVID COULD TIDY UP A LITTLE MORE.
UM, BUT ALSO AS WE SEE IN AUSTIN, ANYTHING IN THE CENTRAL CITY THAT WAS, ANY STRUCTURE THAT WAS BUILT BEFORE 1950 IS GONNA GET TORN DOWN.
AND THAT WILL HAPPEN TO BRUCE DAVID'S HOUSE AT SOME POINT IN TIME.
UM, HOWEVER, IT, IT IS A REALLY UNIQUE PART OF THE NEIGHBORHOOD.
AND I THINK ACTUALLY DENYING THE SPECIAL EXCEPTION WOULD ALTER THE CHARACTER OF THE AREA, UH, MORE THAN GRANTING IT AND GRANTING IT WILL, YOU KNOW, KEEP AUSTIN WEIRD.
I UNDERSTAND WE NEED HEALTH AND SAFETY, UH, CODES AND REGULATIONS.
THEY EXIST FOR A REASON AND I HOPE BRUCE DAVID CAN DO THAT.
BUT THANK YOU FOR YOUR CONSIDERATION.
THANK YOU SO MUCH FOR YOUR TIME.
LET'S CLOSE THE PUBLIC HEARING AND OPEN IT UP TO DISCUSSION.
I SAW BOARD MEMBER BON NOLAN'S HAND GO UP FIRST.
SO WE'LL START WITH BOARD MEMBER BY NOLAN MADAM CHAIR.
IN THE PAST, IN THE PAST, UM, WHEN WE RECEIVED SPECIAL EXCEPTIONS, WE RECEIVE A SPECIFIC HEALTH AND SAFETY
[00:35:01]
INSPECTION THAT IS PERFORMED BY AN INSPECTOR, NOT A CERTIFICATE OF OCCUPANCY.FROM WHAT I UNDERSTAND, FOR WHATEVER REASON IT MAY BE THEY MOVED OVER TO THIS DIFFERENT TYPE OF JUST, UH, OFFERING A CERTIFICATE OF OCCUPANCY.
BUT I'VE BEEN INFORMED THAT THEY'RE STARTING NEXT MONTH, THEY'RE GONNA GO BACK TO WHERE THEY ACTUALLY SEND SOMEBODY OUT TO GO LOOK AT THE STRUCTURE AND INSPECT THE STRUCTURE AS IF THEY'RE DOING A REGULAR INSPECTION.
AND BEING IS THAT THAT'S WHAT'S GONNA HAPPEN, ESPECIALLY AFTER, UH, BEING PROVIDED WITH THE, THE PHOTOS OF THE PROPERTY.
I'M GONNA MAKE A MOTION TO POSTPONE SO THAT WE CAN GET A HEALTH AND SAFETY INSPECTION.
UM, THE SIMPLE FACT THAT SOMETHING EXISTED FOR X AMOUNT OF YEARS DOESN'T AUTOMATICALLY, AND THIS IS FOR OUR NEW, OUR NEW MEMBERS, DOESN'T AUTOMATICALLY MEAN WE HAVE TO GRANT AN EXCEPT SPECIAL EXCEPTION.
AS A MATTER OF FACT, WE DON'T HAVE TO GRANT A SPECIAL EXCEPTION FOR ANY CASE, NOT JUST THIS ONE.
I UNDERSTAND AND I UNDERSTAND, UH, WHAT'S GOING ON HERE, BASICALLY.
AND I UNDERSTAND THE NEIGHBOR'S PREDICAMENT AS WELL AND MY CONDOLENCES FOR THE LOSS OF YOUR WIFE AND, AND OTHERS.
UH, SO I THINK THE BEST WAY TO APPROACH THIS ONE, I DON'T, I I ALSO HAVE AN ISSUE WITH, UH, DECREASE THE FRONT YARD SETBACK TO ZERO FEET.
I DON'T SEE OF THE PURPOSE FOR THAT.
UH, LOOKING AT THE PHOTOS THAT I SEE HERE OF THE, OF THE ACTUAL DISTANCE FROM THE BACK OF THE SIDEWALK TO THE FRONT OF HIS FRONT PORCH, THAT'S NOT NECESSARY.
SO I CAN'T SUPPORT THAT ANYHOW.
AND I CAN'T, I CANNOT MAKE A SPECIAL EXCEPTION MOTION TO APPROVE KNOWING THAT THAT IS A COMPLETELY SEPARATE ISSUE.
SO I'M GONNA MAKE A MOTION TO POSTPONE.
UH, I'M GONNA REQUEST, I WILL GET WITH STAFF AND REQUEST THAT AN INSPECTOR ACTUALLY GO OUT TO THE HOUSE AND DO A, A FORMAL HEALTH AND SAFETY INSPECTION.
AND THAT WE GET ONE IN OUR PACKET NEXT MONTH WHEN WE COME BACK NEXT MONTH.
AND, UH, AND IN THE, AND THEN IN THE MEANTIME, UH, MANY YEARS AGO, THIS IS, THIS IS AN ASIDE FOR THE NEIGHBORHOOD.
MANY YEARS AGO WHEN I WAS INVOLVED WITH THE CHAMBER OF COMMERCE AND STUFF LIKE THAT.
AND, UH, GUS GARCIA, GOD REST HIS SOUL WAS OUR MAYOR BACK THEN.
AND WE HAD AN ISSUE LIKE THIS THAT CAME UP FOR ONE OF THE LADIES THAT LIVED IN, IN, UH, AS A MATTER OF FACT, IT WAS IN THE BOWLING CREEK NEIGHBORHOOD THAT HAD A HOME THAT WAS UNDER SIMILAR CONDITION.
AND WHAT HAPPENED WAS THE NEIGHBORHOOD GOT TOGETHER WITH THE OWNER AND WENT OUT THERE.
AND, AND ALSO IF YOU TAKE A LOOK, THERE'S PROBABLY SOME, UH, UH, WHAT'S THE WORD I'M LOOKING FOR? THERE'S SOME PROGRAMS AVAILABLE IN ORDER TO HAUL SOME OF THIS STUFF OUT.
THE CITY DOES THEIR, THEIR DEBRIS REMOVAL AND BEING AS IT, THE GENTLEMAN IS A LITTLE BIT OLDER THAN ME, I WOULD PROBABLY, I WOULD LIKE TO RECOMMEND TO THE NEIGHBORHOOD THAT MAYBE YOU CAN ALL BOND GET TOGETHER AND GET THE NEIGHBORHOOD TOGETHER SINCE YOU SAY IT'S SUCH A CLOSE KNIT COMMUNITY.
AND HELP THIS GENTLEMAN MAYBE GO THROUGH SOME OF THIS STUFF AND CALL IT, I MEAN, WE ALL KNOW STUFF CAN ACCUMULATE OVER MANY, MANY, MANY YEARS, BUT IT WOULD ALSO, WOULD ALSO HELP HIM IN HIS SITUATION AS WELL.
AND SO I'M GONNA MAKE THAT RECOMMENDATION FOR THE NEIGHBORHOOD.
IF IT COMES BACK NEXT MONTH AND IT PASSES HEALTH AND SAFETY, I WILL SIT DOWN AND SIR, 'CAUSE WE'RE NOT GONNA GO, WE WE'RE ALL DONE WITH PUBLIC, UH, PUBLIC INPUT.
WHEN IT COMES BACK NEXT MONTH, IF IT PASSES, THEN I'M PRETTY INCLINED TO MAKE A MOTION.
I DON'T KNOW HOW THE OTHER MEMBERS FEEL, BUT I'M PRETTY INCLINED, INCLINED TO MAKE A MOTION TO APPROVE SOME OF THE ITEMS THAT I SEE THAT ARE, WOULD FALL UNDER THE SPECIAL EXCEPTION.
BUT I ALSO AM GOING TO ASK STAFF TO TAKE A LOOK AT THE, THE WORDING OF THE POSTING BECAUSE THE, ASKING FOR A ZERO FOOT SETBACK FOR THAT PATIO, AND BASED ON THE PICTURE THAT I'M HERE LOOKING AT THE PATIO, REGARDLESS OF WHETHER YOU, YOU'RE LOOKING AT THE METAL FRAME OR NOT, I DON'T THINK ONE IS WARRANTED.
SO I, THAT'S ALL I HAVE TO SAY TODAY.
I'M JUST GOING TO MAKE A MOTION TO POSTPONE TO NEXT MONTH.
I'LL, I'LL SECOND THAT MOTION.
I, I, I'D SAY FOR DISCUSSION FIRST.
UM, I, I AM GONNA KIND OF HAVE A LITTLE MOMENT.
SO LET ME KNOW WHEN THAT MOMENT CAN START.
UM, FEEL FREE TO SPEAK TO YOUR SECOND.
[00:40:01]
I, YOU KNOW, I, I UNDERSTAND AND, UH, I REALLY APPRECIATE MR. CLARK, YOU COMING DOWN AND SPEAKING FOR MR. JOHNSON.AND, YOU KNOW, MR. JOHNSON PROBABLY NEEDS A, A COUPLE EXTRA HANDS, BUT HE PROBABLY DOESN'T NEED A BOSSY BOSS EITHER.
UM, YOU KNOW, 'CAUSE 'CAUSE THE, UH, WHAT IS THAT BEAUTY IS IN THE EYE OF THE BEHOLDER AND SOME, SOME THINGS, YOU KNOW, WHILE WE MAY NOT ALL VIEW IT AS, AS A PRIZED POSSESSION, SOME OF IT, SOME OF IT MAY BE SENTIMENTAL TO HIM.
AND, AND, YOU KNOW, WE ALL MOVE AT OUR OWN PACE.
SO WHILE HE COULD PROBABLY USE SOME HELP, HE PROBABLY DOESN'T NEED TO BE QUITE OVERRUN WITH IT.
SO MAYBE, MAYBE SOME LITTLE TEMPERED HELP MIGHT HELP.
'CAUSE YOU KNOW, SOME PEOPLE CAN ONLY GO AS FAST AS THEY CAN GO.
UM, I DO THINK THAT THE SPECIAL EXCEPTION, SO THIS IS NOT A VARIANCE, THIS IS A SPECIAL EXCEPTION.
AND THE CODE READS COMPLETELY DIFFERENTLY THAN A VARIANCE.
SO THIS ISN'T ABOUT A HARDSHIP.
THIS IS ABOUT, IT IS EXIST, IT'S EXISTED IN ITS PLACE FOR A PERIOD OF TIME.
AND, AND PART OF THE REASON THAT THIS WAS BROUGHT ABOUT, THIS SPECIAL EXCEPTION WAS THAT THERE ARE THINGS IN THE WORLD THAT A VARIANCE ISN'T APPROPRIATE FOR.
AND LIKE, WE HAD A CODE ENFORCEMENT GUY GO OUT AND TAG EVERY CARPORT, NO KILL.
AND WE KEPT GETTING, YOU KNOW, CARPORT AFTER CARPORT AFTER CARPORT CASE.
AND THEY WERE ALL BUILT AT ABOUT THE SAME TIME.
AND, YOU KNOW, AND THEY DIDN'T QUITE MEET THE CRITERIA FOR VARIANCE.
SO THIS WAS, THIS IS A NEWER OPTION.
UM, GRANTED IT WASN'T YESTERDAY, BUT IT'S, IT HASN'T BEEN AROUND THAT LONG.
AND SO MR. JOHNSON IS TAKING, UM, IS GOING FOR THIS SPECIAL EXCEPTION, WHICH USES THE SAME FORM AS A VARIANCE CASE.
SO IT'S A LITTLE CONFUSING WHEN YOU SEE IT.
BUT IT, SO IF, IF IT'S SAFE AND WE GET A LIFE SAFETY REPORT, THEN WE'RE INCLINED TO APPROVE IT.
SO PERHAPS SOME GENTLE HELP MIGHT BE A NICE WAY TO HAVE SOME COMPROMISE IN THESE SITUATIONS.
I'M GONNA GO AHEAD AND JUMP IN NEXT, Y'ALL.
SORRY, UH, I HAVE A QUESTION FOR THE APPLICANT.
MR. JOHNSON, COULD YOU COME UP TO THE PODIUM PLEASE? SO, I'M LOOKING AT YOUR APPLICATION AND IT SAYS HERE, UH, I HAVE GOTTEN A LIFE AND SAFETY PERMIT AND PASSED THE INSPECTION AND WAS SENT THE REPORT AND THE CERTIFICATE OF OCCUPANCY.
COULD YOU TELL ME MORE ABOUT THAT? BECAUSE I USUALLY, LIKE THEY SAID, WE GET A COPY OF THAT LIFE AND SAFETY REPORT.
SO I'M, I'M GLAD YOU ASKED ABOUT THE, UH, CERTIFICATE OF OCCUPANCY.
'CAUSE THIS IS THE OUTCOME OF MY GETTING THE HEALTH AND SAFETY INSPECTION OF GETTING THE PERMIT FOR IT.
AND THE INSPECTOR CAME AND INSPECTED THE PROPERTY AND I PASSED THE FINAL INSPECTION.
AND, UH, AND IT'S NOTED ON THIS THAT, UH, IT'S SAFE, UH, AND UM, THAT, YOU KNOW, THAT THEY HAD, DID THEY HAVE INSPECTED THE PROPERTY? AND AS YOU, YOU KNOW, AS YOU SAID, UH, NEEDED TO HAPPEN, IT'S ALREADY HAPPENED.
THERE'S ALREADY BEEN PEOPLE THERE TO INSPECT IT.
IT'S NOT IN THE YEAH, IT'S ON THE BACKUP.
THIS ISN'T IT, IT IS IN THE BACKUP, BUT THE WAY THEY DID IT FOR THIS IS THAT'S WHAT THE CO IS FOR.
BUT IT IS NOT THE LIFE SAFETY REPORT.
IT'S, IT'S A DIFFERENT FORMAT THAN HAS BEEN DONE IN THE PAST.
AND I THINK MICHAEL SAYS THEY'RE GOING TO GO BACK TO THE OTHER FORMAT, WHICH IS A LITTLE EASIER TO UNDERSTAND WHAT IT IS THAT THEY LOOKED AT, UM, THAN A PRINTED CO.
I MEAN, IS A PRECIO A AN APPROPRIATE TOOL FOR SOMETHING THAT NEEDS A SPECIAL EXCEPTION TO BE COED? KIND OF, DOES IT OFFER THE SAME INFORMATION? I MEAN, YOU HAD TO PASS THE SAME HEALTH AND SAFETY REPORT, RIGHT? THEY, THEY DO THAT, THEY INSPECT FOR THE SAME THING IN ORDER TO GIVE IT TO CO NOT NECESSARILY A CO A CERTIFICATE OF OCCUPANCY MEANS THAT MAYBE YOU, YOU KNOW, YOU, AND IT DEPENDS ON WHO THE INSPECTOR IS.
I WAS GONNA SAY, IS THAT, IS THAT THE MARSHALS OR IS THAT THE, THE FIRE MARSHAL OR MARSHAL THAT THE HEALTH INSPECTOR.
IT'S A, IT ACTUALLY, IT'S A BUILDING INSPECTOR BUILDING.
IT'S NOT, IT'S NOT HEALTH AND IT'S NOT FIRE MARSHAL.
AND WHAT WE USED TO GET, AT LEAST FOR THE LAST 15 YEARS, 14, I THINK YOU'VE BEEN UP HERE.
I'VE BEEN UP HERE 15, 16 AT 17.
MY KIDS, YOU HAVEN'T BEEN UP AS LONG AS THOSE SHEDS IT
SO ANYHOW, UH, WHAT, WHAT USED TO HAPPEN IN THE PAST IS WE GOT,
[00:45:01]
WE HAD A SPECIFIC ONE WHERE THEY WOULD CHECK FOR FIRE, THEY WOULD CHECK FOR BEAR WIRES, THEY WOULD CHECK FOR RODENTS.THEY WOULD CHECK FOR ALL KINDS OF HEALTH AND SAFETY ISSUES THAT A BUILDING INSPECTOR JUST GOES IN TO MAKE SURE, MAKE SURE THAT THIS IS DAKOTA, THAT'S CODE.
AND THEY DON'T ACTUALLY DO WHAT IT, WHAT IS A THOROUGH, UH, HEALTH AND SAFETY INSPECTION.
LIKE A FIRE MARSHAL WOULD, FIRE MARSHAL GOES IN AND SAYS, OKAY, LOOK, THESE ARE BARE WIRES.
YOU'RE GONNA NEED TO DO THIS UP.
UH, INSPECTOR GOES IN THERE AND IF HE SEES A METER ON THERE, APPARENTLY AUSTIN ENERGY PUT, AND I, I DON'T WANNA SLAM ANY INSPECTORS.
I'M RETIRED NOW SO I CAN SLAM 'EM.
BUT THEY GO OUT THERE AND THEY LOOK AT A METER ON IT.
THEY SEE A METER ON IT, THEY ASSUME IT'S BEEN INSPECTED AND IS STAMPED.
AND THAT'S, THAT'S NOT REALLY, UM, THE WAY, IT'S THE WAY IT'S SUPPOSED TO GO.
UH, HEALTH AND SAFETY INSPECTION HAS BEEN DONE IN THE PAST.
I CAN TELL YOU BY LOOKING AT THIS PROPERTY, IT WOULD NOT HAVE PASSED HEALTH AND SAFETY INSPECTION IN PREVIOUS YEARS BEFORE THEY WENT THROUGH THIS NEW PROCESS THAT THEY DID.
AND I UNDERSTAND THEY'RE SHORTHANDED.
I UNDERSTAND THEY GOTTA GET IN AND GET OUT THIS, UM, INSPECTION COULD HAVE BEEN ON THE FRONT HOUSE, NOT THE ONE SITTING UP THERE IN THE TREE.
I MEAN, IT'S, UH, DO DO, DO WE HAVE ANY GUARANTEE THAT THAT STAFF IS GOING TO GO BACK TO THAT OLD METHOD BY NEXT MONTH'S MEETING? I HAVE ASKED, AND I'LL FOLLOW UP TO MAKE SURE I DON'T WANT TO PUT ELAINE OR ANYBODY ELSE ON THE SPOT ON IT.
SHE'LL DO WHAT SHE CAN FOR ME TO FOLLOW UP ON IT.
I ASKED HER TO ALSO FOLLOW UP ON ME, UH, FOR ME.
BUT, UM, IF IT DOES COME BACK NEXT MONTH AND WE, WE WILL HAVE TO ADDRESS IT AT THAT POINT.
BUT I CAN CARE, I CAN TELL YOU RIGHT NOW AND NOTHING, NO OFFENSE TO YOU, SIR.
MY WIFE TELLS ME MY GARAGE LOOKS JUST AS BAD.
SO, UM, UH, SOME OF THE, SOME OF WHAT I'VE SEEN IN THE PICTURES OF JUST THE WAY IT WAS CONSTRUCTED UP IN THE TREES AND LOFTED LIKE THAT WOULD BE VERY QUESTIONABLE.
AND MY CONCERN IS NOT TO DENY THIS GENTLEMAN SOMETHING THAT'S BEEN THERE FOR 30, 30 YEARS, BUT AS MUCH AS TO MAKE SURE THAT IT IS SAFE.
LAST THING I WOULD EVER WANT YOU TO DO IS WALK BACK THERE AND HAVE SOMETHING FALL ON YOU, YOU KNOW, OR FOLLOW ON ANYBODY FOR THAT MATTER.
SO IT'S JUST, IT'S, UH, IT'S A SITUATION WHERE I, I THINK A WARRANT'S A POSTPONEMENT FOR ONE MONTH IS NOT GONNA KILL THE CASE.
IT JUST, IF THERE ISN'T A REPORT BY NEXT MONTH, WHAT THEN? JUST HYPOTHETICALLY, WELL, IF THEY COME BACK AND THEY SAY THEY'RE NOT GONNA DO IT AND THEY'RE NOT GONNA CHANGE AND THINGS AREN'T GONNA HAPPEN, WELL THEN, IF THAT'S THE CASE, THE GENTLEMAN DOES, I STILL CAN'T SUPPORT THE ZERO SETBACK.
I'M NOT GONNA SUPPORT THAT THAT'S DONE.
THAT, THAT WON'T EVEN BE THERE.
BUT, UH, I MEAN, IT, IT WOULD DEPEND ON, I DON'T WANNA SAY WHAT I'M GONNA VOTE NEXT MONTH, BUT IT WOULD DEPEND ON THE BODY AND ON HOW EVERYBODY FEELS ABOUT IT.
NOW THAT WE'VE COME ADDRESSED IT ON THIS SIDE OF THE BRIDGE, ONCE WE CROSSED THAT BRIDGE, I GUESS WE'LL HAVE TO OKAY.
IT ALSO LOOKS LIKE THE FRONT, THE FRONT MAY BE AT FIVE FEET, NOT 25 FEET.
UH, BOARD MEMBER VALENTINE, UH, OR WAS BOARD MEMBER SHERIFF, SORRY, I DIDN'T SEE WHO.
OKAY, LET'S START WITH BOARD MEMBER VALENTINE.
SO YOU CAN GO AHEAD AND GRAB A SEAT, SIR.
SAY THAT AGAIN? YOU CAN GRAB A SEAT.
I'M NOT ASKING HIM A QUESTION, CHANCE TO TALK, ASKING.
I'M ASKING A POINT OF CLARIFICATION.
UM, FOR, FOR MY, UM, UNDERSTANDING.
SO THE CERTIFICATE OF OCCUPANCY, UH, APPLIES TO EVERY STRUCTURE ON THE BUILDING, UH, BECAUSE THESE ARE OPEN SHEDS IN SOME OF THESE CASES.
SO THAT'S ONE OF THE THINGS I WANTED TO ASK ABOUT IS, YOU KNOW, WE HAVE A CERTIFICATE OF OCCUPANCY, BUT SOME OF THESE, IN FACT WHAT HE SAYS HERE, THEY'RE NOT, THEY'RE NOT TO BE OCCUPIED THEIR GARAGES OR OPEN SHEDS.
SO STORAGE SHED A STUDIO AND A GARAGE AND ANOTHER STORAGE SHED.
SO WOULD THE CERTIFICATE OF OCCUPANCY APPLY TO ONLY THE STRUCTURE? THAT'S THE MAIN STRUCTURE.
AND WE HAVE ANOTHER ONE UP HERE'S STILL IN THE BUSINESS.
UH, NO CERTIFICATE OF OCCU OCCUPANCY WOULD BE FOR THE MAIN STRUCTURE OF THE HOUSE.
RIGHT? THE ONE THAT HAS THE MEDIA ON IT.
OR ANY, UH, AN ADU NOW THIS IS A WHOLE OPENING UP A WHOLE OTHER CAN OF WORMS. THE NEW ADU, UH, ORDINANCES THAT THEY'RE COMING UP WITH WILL REQUIRE CERTIFICATE, CERTIFICATE OF OCCUPANCIES.
BUT IN THE PAST HISTORY, NO, IT WAS ONLY FOR THE MAIN STRUCTURE, THE LIVING STRUCTURE THAT, THAT WAS ON THE PROPERTY.
THE ONE THAT HAS THE ELECTRIC METER ON IT.
AND IF I'M UNDERSTANDING CORRECTLY, THE, UM, LIFE AND
[00:50:01]
SAFETY INSPECTIONS HAD BEEN PREVIOUSLY A SEPARATE, UH, COMPLETELY DECOUPLED CORRECT.FROM THE CERTIFICATE OF OCCUPANCY.
WHICH IS WHAT WE'RE MISSING HERE.
THE LIFE AND SAFETY INSPECTION ALSO INSPECTS EACH INDIVIDUAL UNIT STRUCTURE.
AND WE'VE HAD SOME COME BACK THAT THEY WOULD TELL US IT WAS OKAY TO, THAT THEY, THEY COULD GET THIS SPECIAL EXCEPTION, BUT THEY HAD TO DO CERTAIN SAFETY MODIFICATION, REPORT MODIFICATION, MODIFIC MODIFIC.
I VERY MUCH WOULD LIKE TO SEE THAT, UH, A SEPARATE REPORT IF THAT, IF IT EXISTS IN THE CITY ANYMORE.
SO I ALSO WOULD BE IN FAVOR OF POSTPONEMENT.
DO I NEED TO BE LOUDER? OH YEAH, THERE WE GO.
I HAVE TO LEAN FORWARD MORE, I GUESS.
UM, I WOULD DEFINITELY BE IN FAVOR OF A POSTPONEMENT.
UM, I WOULD ALSO LIKE TO SEE A MORE COMPREHENSIVE, UH, HEALTH AND SAFETY REPORT.
UM, I ALSO, JUST BASED ON THE PICTURES, I'M NOT REALLY SURE THAT THE STRUCTURE IN THE FRONT IS A STRUCTURE, YOU KNOW, I MEAN, I'M NOT EVEN SURE IT MEETS THE CRITERIA FOR A SPECIAL EXCEPTION FROM THAT PERSPECTIVE.
UM, BUT FOR THE OTHER BUILDINGS, THE, YOU KNOW, STORAGE SHED, ART STUDIO, ADU, UM, I HAVE A LOT OF QUESTIONS ABOUT THAT STRUCTURE.
UM, PARTICULARLY BECAUSE WHEN I DO LOOK AT THE CRITERIA FOR A SPECIAL EXCEPTION, IT SEEMS THAT IT HAS TO BE A RESIDENTIAL USE THAT'S ACCEPTED IN THE AREA.
UM, AND THE STRUCTURE HAS TO NOT SHARE A LOT WITH MORE THAN ONE OTHER PRIMARY RESIDENCE.
SO IF IT'S AN ADU, THEN IT'S KIND OF SHARING A LOT WITH ANOTHER PRIMARY RESIDENCE.
AND IF IT'S NOT MADE TO YOU, IF IT'S AN ART WORKSHOP THAT'S FUNCTIONING, THAT'S NOT REALLY A RESIDENTIAL USE.
SO I FIND MYSELF IN THIS SORT OF CONUNDRUM SORT OF THINKING THAT MAYBE THAT ASPECT OF THE APPLICATION DOESN'T QUALIFY FOR A SPECIAL EXEMPTION REGARDLESS.
UM, BUT EITHER WAY, I DEFINITELY WOULD LIKE TO SEE THE HEALTH AND SAFETY REPORT.
I ALSO, IF WE ARE POSTPONING, IF IT'S POSSIBLE TO GET, UM, SOME SUPPORT FROM THE NEIGHBORHOOD ASSOCIATION, UM, THAT WOULD REALLY HELP ME AS WELL ACT ACTUALLY IN OUR LATE BACK, IF I MAY, MAY, MADAM CHAIR IN OUR LATE BACK, WE DO HAVE SUPPORT FROM THE, HE DOES HAVE SUPPORT FROM THE, UH, NEIGHBORHOOD ASSOCIATION.
AND ON YOUR OTHER COMMENT ABOUT THE, UH, ADU, THAT'S WHY THAT DIFF THE DIFFERENT TYPE OF, UH, HEALTH AND SAFETY INSPECTION WAS PUT INTO PLACE WAS BECAUSE, SO THAT IT CAN INSPECT THOSE, WHICH NOW IS AN ADU, RIGHT? IS AN ADU.
BUT IF IT'S A STUDIO, IF IT'S A A GARAGE ADD-ON, IF IT'S A LEAN TO, IF IT'S A STORAGE SHED, THAT'S WHAT THAT, THAT WOULD COME OUT IN THE REPORT ITSELF.
YEAH, THAT'S, THAT'S DEFINITELY WHAT I WOULD, UM, WHAT I WOULD NEED TO SEE TO MAKE ANY JUDGMENT CALL ON THIS.
UM, BUT I AM LEANING AGAINST GRANTING IT RIGHT NOW.
UH, VIRTUAL BOARD MEMBERS, BOARD MEMBER AIDS OR ANY QUESTIONS OR DISCUSSION? BOARD MEMBER? KIM? I THINK IT'S A QUESTION THAT I THINK TRYING TO, AGAIN, SOME HELP ANSWERING IS IF, IT SOUNDS LIKE THE PROCESS HAS CHANGED WHERE THE HEALTH AND SAFETY INSPECTION REPORT IS NOT WHAT'S, WHAT IS DONE NOW? I GUESS IT'S THE CERTIFICATE OF OCCUPANCY.
WHAT WHAT HAS HAPPENED IS, AND WE HAVE THIS HAPPEN FROM TIME TO TIME UP HERE, IS SOMEBODY WITHIN, UH, CITY STAFF WILL MAKE A CHANGE.
OR, OR THEY JUST THINK THEY WOULD, WILL TRY TO DO SOMETHING THAT THEY FEEL MIGHT BE MORE EFFICIENT.
AND SOMETIMES, UNLESS WE BRING IT UP AND, AND WE EXPLAIN TO THEM THAT IT'S NOT MEETING THE NEEDS THAT WE HAVE UP HERE ON THE COMMISSIONER, UP HERE ON THE BOARD IN ORDER TO ADDRESS THE CASES, THEN IT, THEY'LL JUST MAKE A CHANGE.
UM, WITH THE BEST INTENTIONS, I WOULD SAY, OF COURSE, THE PATH TO HELL IS PAVE WITH GOOD INTENTIONS.
THAT WAS REALLY VERY OVERLY POLITE.
I'M, I'M TRYING TO, SOMETHING UP HERE THAT WAS REALLY, THAT WAS REALLY, BUT UH, SO THAT'S WHY I THINK IT STARTED, IT'S STARTING TO BE, UH, COME TO EVERYBODY'S AWARENESS THAT, UH, WHAT THIS IS NOT MEETING THE NEEDS THAT WE NEED AS A SOVEREIGN BOARD.
WE NEED TO ACTUALLY HAVE SOMEBODY GO OUT THERE AND DO A HELP.
'CAUSE THIS IS ONLY THE SECOND, I BELIEVE IT'S THE SECOND ONE THAT WE'VE HAD.
AND I DIDN'T THINK MUCH ABOUT IT THE FIRST TIME.
BUT THIS ONE HERE IS ONE OF 'EM MORE COMPLICATED CASES WHERE I THINK IT DOES WARRANT A, A A DIFFERENT TYPE OF INSPECTION.
[00:55:01]
QUESTION? BOARD MEMBER, KIM.AND I THINK THE INSPECTION REPORT WOULD BE HELPFUL FOR SURE.
I, WHEN I WAS REVIEWING THIS APPLICATION, I DID WONDER WHY I DIDN'T HAVE SUPPLEMENTAL IMAGES THAT WOULD BE VERY HELPFUL TO ASSESS THE CONDITION, WHICH IS ONE OF THE REQUIREMENTS, I THINK FOR AN EXCEPTION THAT IT HAS TO BE STRUCTURALLY SOUND.
UM, SO YES, I THINK IT'S HELPFUL.
I WAS JUST TRYING TO, UM, THE REASONING FOR THE QUESTION WAS IF THAT IS A NORMAL PROCESS, ONCE WE GET SOME THIS APPLICATION LIKE THIS AND WE DON'T HAVE ENOUGH INFORMATION TO DECIDE, THEN INSPECTION REPORT IS THE NEXT OBVIOUS, UH, STEP TO FURTHER INVESTIGATE THE CONDITION, RIGHT? YEAH.
AND THEN, AND THE PHOTOS WERE PRESENTED, BUT THEY WERE IN LATE BACKUP.
AND THIS IS FOR OUR NEW MEMBERS BECAUSE I, I WAS TERRIBLE ABOUT THIS.
IT WAS DIFFERENT WHEN WE, WE HAD A PAPER PACKET.
WE WOULD COME IN AND UP HERE ON THE DAIS, WE WOULD HAVE OUR LATE BACKUP PRINTED OUT FOR US ON THE DAIS.
NOW THAT WE'VE GONE ELECTRONICALLY, AND WHAT I'VE LEARNED TO DO, EVEN WHILE I'M SITTING UP HERE AT FIVE 15, IS I'LL GO BACK ONTO THE CITY WEBSITE, LOOK AT THE AGENDA, AND THEN YOU'LL SEE IT'LL HAVE THE ADVANCE PACKET, IT HAS THE REGULAR INFORMATION AND THEN IT WILL SAY, UM, LATE BACKUP AND LATE LATE BACKUP.
THIS ONE WAS LATE LAID BACK UP.
SO THAT'S WHERE I, I CAME ACROSS THE FOLD, WHICH RAISED CONCERN FOR ME.
BUT THINK OF HOW MANY TREES WE WERE SAVING.
'CAUSE THEY WERE LIKE A TIRE STOP.
KIM, DID THAT ANSWER YOUR QUESTIONS? I DO SUPPORT THE POSTPONEMENT BETTER UNDERSTAND THE STRUCTURES.
WHO ARE WE GOING TO PUT THE ONUS OF, UH, PROCURING AND DELIVERING THE, THE REPORT TO THE BOARD ON? NORMALLY WHAT HAPPENS IS IT WOULD GO TO DIANE AND ELAINE AND THEN THEY WOULD PUT IT INTO OUR PACKET.
BUT IT'S A COMPLETELY DIFFERENT FORMAT THAN WHAT WE HAVE HERE.
THE ONES THAT, THE ONES THAT WE HISTORIC.
YEAH, I REMEMBER THEM FROM THE CASE STUDY.
IT WILL STATE SPECIFICALLY HEALTH AND SAFETY, UH, AND INSPECTION VICE.
SO ELAINE DID, DID OUR PERSON RETIRE OR, I, I HONESTLY CANNOT ANSWER.
I KNOW THERE'S A LOT OF NEW PEOPLE IN RESIDENTIAL.
I KNOW THERE'S A LOT OF NEW PEOPLE IN BUILDING INSPECTIONS, INCLUDING SUPERVISORS.
I CAN HONESTLY SPEAK FROM THE TIME I WAS IN RESIDENTIAL REVIEW TO MOVING TO BOARD OF ADJUSTMENT.
WE HAD NOT SEEN SPECIAL EXCEPTIONS IN OVER SEVEN TO EIGHT YEARS.
SO I KNOW FOR A FACT THEY DON'T KNOW HOW TO REVIEW THESE AND PROCESS THESE.
'CAUSE THEY, THERE HASN'T BEEN ONE DONE IN SO LONG.
SO IS, SO I AM WORKING WITH RESIDENTIAL REVIEW AND I AM WORKING WITH, UM, RESIDENTIAL INSPECTIONS TO MAKE SURE THAT EVERYBODY'S ON THE SAME PAGE AND THEY'RE NOT ISSUING COBOS.
THAT, SO BASICALLY WHAT IT NEEDS TO BE, NEEDS TO BE DONE IS RESIDENTIAL REVIEW GETS THESE CASES OR THESE PERMIT APPLICATIONS AND THEY DETERMINE WHETHER IT DOES QUALIFY FOR A SPECIAL EXCEPTION.
IF WHAT THEY HAVE ON THEIR REVIEW QUALIFIES FOR A SPECIAL EXCEPTION, THEN THEY APPROVE IT AND BUILDING INSPECTIONS GOES OUT THERE.
AND THEN THEY LOOK AND ISSUE A LIFE AND SAFETY, LIFE SAFETY REPORT REPORT.
THEN THE INSPECTOR PUTS AN ADMINISTRATIVE HOLD AND DOES NOT APPROVE IT OR DENY IT UNTIL IT'S COME TO FORD OF ADJUSTMENT.
THAT LIFE AND SAFETY REPORT, THE APPLICANT SUBMITS IT TO US, WE ADD IT TO THE ADVANCE PACKET.
IF IT'S GRANTED, THE APPLICANT WILL TAKE THAT BACK TO THE INSPECTOR WHO WILL REMOVE THE HOLD AND APPROVE IT.
AT THAT POINT, WE'VE JUST BYPASSED THE ENTIRE LIKE SEVEN STEPS OF THE PROCESS AND GONE STRAIGHT TO CO.
WELL, WELL THAT'S JUST, WELL, I THINK IT WAS, I DON'T THINK THAT'S, IT'S A MATTER OF IGNORANCE FAULT.
AND I'M NOT SAYING THAT IGNORANCE IN A DEROGATORY WAY.
I'M JUST, UH, I'M JUST SAYING BASED ON WHAT I UNDERSTAND ALSO, THERE'S BEEN A LOT OF NEW PEOPLE EXACTLY.
IN THE RESIDENTIAL REVIEW WHO YEAH.
SO DO WE NEED TO COME UP WITH SOME ADDRESSES OF SPECIAL EXCEPTIONS WHERE THEY CAN LOOK AT IT? OR DO YOU NEED TO? SO THAT'S WHAT WE'RE WORKING ON RIGHT NOW.
WE'RE TRYING TO, BECAUSE LIKE I SAID, WE HAVEN'T HAD THESE IN VERY, VERY, VERY LONG TIME.
I MEAN, SINCE WE HAD GENTRIFICATION
WE'RE GONNA WANT THAT CLARIFICATION.
[01:00:01]
MR. JOHNSON, UH, I'M SORRY THAT IT SEEMS THAT WE HAVE, WE HAVE A LITTLE BIT MORE PROCESS TO GO THROUGH IN ORDER FOR YOU TO GET THERE AND THAT WE'RE PROBABLY GONNA SEND SOMEBODY BACK OUT TO YOUR HOUSE TO TAKE A LOOK AROUND, UH, AND GET US A LIFE SAFETY REPORT, WHICH IS DIFFERENT THAN THE PIECE OF PAPER THAT THEY GAVE YOU ALREADY.AND SO, UH, AND THEN HOPEFULLY THERE, THERE MAYBE, UH, FOLKS CAN GIVE YOU A HAND AND, AND HELP YOU GET RID OF SOMETHING.
I'M TELLING YOU, YOU MIGHT TAKE ADVANTAGE OF THAT.
I COULD USE THAT AROUND MY HOUSE.
UM, YOU KNOW, WITH WITHIN REASON AND COMFORT.
UM, BUT, UH, IT SEEMS THAT YOU HAVE A LOT OF FRIENDS ON ALL SIDES.
SO LIFE'S GOOD FRIENDS ARE GOOD.
SO WE'RE GONNA SEE YOU BACK HERE NEXT MONTH.
SO CAN WE CAUSE THE QUESTION, BUT LET'S, YES, ABSOLUTELY.
UH, AGAIN, THIS IS A MOTION TO POSTPONE TO NEXT MONTH, DECEMBER 11TH, 2023.
SO 30 DAYS NEXT MONTH'S MEETING MADE BY BOARD MEMBER VON OLAND, SECONDED BY VICE CHAIR HAWTHORNE.
I'D JUST LIKE TO SAY, UH, THANK YOU TO ELAINE AND STAFF AND, UH, THE BOARD FOR HANDLING THIS ITEM FOR THE APPLICANT.
UH, SO WITH THAT, I, I'D SAY YES.
SO THIS CASE IS GOING TO BE POSTPONED UNTIL DECEMBER 11TH, 2023.
SHE'LL GIVE YOU MORE INFORMATION.
AND THANK YOU FOR EVERYONE WHO CAME OUT TO SPEAK TONIGHT.
I AM VERY CURIOUS ABOUT ALL THESE PEOPLE THAT ARE STILL HERE.
THAT THERE'S NO MORE CASES LEFT ON THE AGENDA.
MR. JOHNSON, I'M ACTUALLY TALKING TO THE PEOPLE BEHIND YOU.
Y'ALL GOT REALLY, REALLY LUCKY.
IT'S A SHORT ONE BECAUSE REALLY YOU ARE VERY LUCKY.
LEGAL'S GIVING ME THE, THE STINK GUY.
AND WE'RE THE, WE'RE THE NICE BOARD OR AT LEAST I'M THE NICE ONE.
I DON'T KNOW ABOUT EVERYBODY ELSE, BUT DON'T, AT LEAST I TRY TO BE NICE TO THE CITIZENS.
SO WE COVERED SIX AND SEVEN ALREADY.
UH, LET'S JUMP BACK TO EIGHT ONE MORE TIME.
ANY OBJECTION TO REVISITING EIGHT FUTURE AGENDA ITEMS AND SEEING NONE? UH, SO GOING ONCE.
ARE THERE ANY OTHER FUTURE AGENDA ITEMS WE'D LIKE TO DISCUSS NOW? WOW, I'VE GOT THE AGENDA DISCUSSION AND UH, GAS STATION QUEUES FOR THE TRANSPORTATION CRITERIA MANUAL.
UH, I'LL GIVE AN UPDATE AFTER I TALK TO PC ON IT.
LIFE SAFETY REPORT MIGHT NEED TO BE ON THE AGENDA.
IF THERE'S NOT A POSITIVE RESPONSE OR RESOLUTION TO OUR CURRENT PREDICAMENT, I'D SUPPORT THAT 100% SINCE WE CAN'T TALK ABOUT WHAT'S NOT ON THE AGENDA.
ANY OTHERS? BOARD MEMBER BOWEN? I'M CURIOUS ON THE SPECIAL EXEMPTION SINCE I'M NEW.
AT LEAST TRYING TO GET A BETTER, I GUESS SOME INFORMATION OR BETTER UNDERSTANDING OF THAT, THAT KIND OF, THAT PROCESS.
I MEAN, NORMALLY MR. BOWEN, WHAT WE WOULD DO IN YOUR PACKAGE, THEY, THEY HAD I PRINTED OUT BECAUSE IT'S A LITTLE BIT LONG ITEM FIVE OF SEVEN IS THE ACTUAL VERBIAGE THAT WE HAVE FOR SPECIAL EXCEPTIONS.
WHAT HAPPENS? I THINK, I THINK WE'RE GONNA HAVE TO DISCUSS IT AT THE NEXT MEETING.
IS THAT, IS THAT WHAT I'M ABOUT TO YEAH.
'CAUSE IT'S, WE'RE NOT, UH,
WE WOULD'VE HAD TO DISCUSS IT UNDER ITEM FIVE.
I I'LL PUT THAT ON THOUGH 'CAUSE THAT THAT WOULD BE A GREAT THING TO HAVE IN TRAINING.
IT'S PART OF, IT SHOULD BE PART OF OUR TRAINING.
[01:05:01]
'CAUSE WE HAVE TO READ THAT ENTIRE PAGE.BUT AGAIN, THEY, THEY ARE FEW AND FAR BETWEEN SO.
SO WE USED TO HAVE A LOT OF THEM YEARS AGO, BUT, UH, SPECIAL EXCEPTION TRAINING.
WELL, AND I'M SURE WE'LL BE SEEING A LOT MORE AFTER THE HOME THING PASSES.
ANY OTHER DISCUSSION? ALRIGHT.
IT IS 6:48 PM I HEREBY, I CALL THIS MEETING ADJOURNED.